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Hi. just wanted to share my excitement. last night we closed on the 5 acres adjoining our 21 acre parcel. It is so exciting and especially so since it is all paid for! I never thought i would make it through this life actually owning anything! Now our goal is to pay off other debt in hopes to eventually be able to get out there. There is no house or building at all..just an old camper we occasioannly camp in.
The 21 acre parcel has restrictions to new mobile homes...and stick built houses at least 1100 sq feet. The land(5 acres) we just bought was originally under those same restrictions, but when we closed nothing was said about restrictions.Since it was originally purchased under same restrictions...but noone formally made us aware of restrictions.....wondering if we can sneak by. There is absolutely NO zoning on the majority of the land. I called city hall and I don't even need a building permit..no septic inspection....wow freedom!.The restrictions are made by the original seller and are to be enforced by the others that bought from this huge tract. If we hadnt already delt with the restrictions in place. we would have no idea that the 5 acres was restricted. Think there's a loop hole there if it were to come to court? Its not like anyone will even be able to see our house./ The reason i ask,,is if we can buy a good conditioned older double wide..we can get there ALOT sooner... thanks
 

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Have you...or better yet, an attorney...read the title?
 

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You are asking for trouble. Just because no one told you about EVERY driving law when you got your license doesn't mean you can break the law and plead ignorance.

It's not the responsibility of the agent to tell you about the restrictions. That is your responsibility and any court will tell you that. The reason restrictions were put in place is to keep exactly what you want to do from happening. You could be sued by the surrounding landowners. If you move a mobile home onto the property you will be forced to remove it and that could cost big time. The reason I know this is because I sold a piece of lake property and the new owners did exactly that. The lot had restrictions against mobile homes not only from me but from the township. It ended up costing the new owner so much to remove and then sell the trailer that they lost the land.
 

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You need to see an attorney before you do anything.I do not think there are no septic restrictions.There are township , county, state and federal restrictions to contend with.I would have an attorney handle the purchase to begin with to check for a clear title and other things.I have always done this in Iowa and it has saved me money and agravation.Your state may be different, but I doubt it.Be patient and things will work out for you.
 

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Discussion Starter · #6 ·
It's not the responsibility of the agent to tell you about the restrictions. That is your responsibility and any court will tell you that...........

Is it the responsibility of the lawyer/title company? How would a "normal " person have any idea of restrictions if No one told them? and they had hired a professional..almost 600 bucks..to close? Seems to me that it should be brought to buyers attention by the professionals they hire to close?or someone. I have bought several homes and have never followed behind the folks closing the properties to check that they covered all their bases. It doesnt matter so much for us..because we really DID know...and if we decide to go for it..we know what could happen;;but how bout a family that bought that land having no idea of restrictions.?You would think that it needs to be discolsed somewhere.
 

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Dig out your closing documents and carefully read the CCR's. That stands for "Covenants, Codes, and Restrictions" pertaining to a parcel here in my state.

Once you have a thorough understanding of those, find out what conditions are prohibited by your local governing authority-county, township, whatever.

There may be a sunset situation (not likely though) where the CCRs expire after a certain length of time-this varies by county/township/state. And if all else fails, call your local property tax office, they will know also.
 

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You can do this yourself for free. Go to the courthouse and do a deed/title search yourself. It's really pretty easy and you will find the trail of deeds leading to yours. If they have a restriction it will appear on the deed.
 

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Discussion Starter · #9 ·
You need to see an attorney before you do anything.I do not think there are no septic restrictions.There are township , county, state and federal restrictions

Hi. Thanks! I may have misunderstood but when I called the county office they told me do whatever i want......I said ok so I just apply for a building permit and he said..you dont need any permit....just do what you want....
We did have the property title checked and went thru an attorney /title company. we should be getting the deed in a few weeks.
Who would i contact to find outr about state regulations? thanks again
 

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Discussion Starter · #10 ·
pouncer
it is the tax appaiser they had me speak with. This is backwoods rural....exactly what i wanted. Noone to tell me I can't park on the grass!
 

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It's not the responsibility of the agent to tell you about the restrictions. That is your responsibility and any court will tell you that...........

Is it the responsibility of the lawyer/title company? How would a "normal " person have any idea of restrictions if No one told them? and they had hired a professional..almost 600 bucks..to close? Seems to me that it should be brought to buyers attention by the professionals they hire to close?or someone. I have bought several homes and have never followed behind the folks closing the properties to check that they covered all their bases. It doesnt matter so much for us..because we really DID know...and if we decide to go for it..we know what could happen;;but how bout a family that bought that land having no idea of restrictions.?You would think that it needs to be discolsed somewhere.
"Normal" people? "Normal" people would read the title and ask questions BEFORE purchasing the land. I have seen countless times where a person bought land with one intention but then couldn't use the land. About 2 miles from me is a piece of land that was sold and the property would not perk - it is muck. Now, AFTER the sale they found out that they could not build on the property and tried to sue the seller, but it was clearly stated that it was RECREATIONAL property only - camping, hunting, ect. and was the purchasers responsibility to get a perk, which they didn't do. Now they own a 10 acre muck field.

Another piece in my county was a farm that was way off the road and the new owners put in a half-mile road across wetland to get a quicker access to the barns. They did not get permission (that portion of the farm was under wetland ordinances) and went ahead and made the road anyway AFTER the county posted the ordinance with their property tax letter. Long story short - the new owners had to remove the road and restore the land back to its original condition - and it cost nearly 4 times the cost of the road to remove it and restore the property.

You are clearly trying to cheat at the detriment of your neighbors.

I agree that you are most likely incorrect in saying you don't need a septic permit. How would they be able to keep you from just dumping your waste in a creek? If you build a septic just any old way, you are cheating future owners of the property and they would be the ones to bear the brunt of your cheapness.

Another point: You paid a lawyer $600 to close he deal? Why didn't you ask if there were any restrictions? I think a "Normal" person would have.

Lesson learned: Half of all lawyers graduated in the lower half of their class. Perhaps you got the one who graduated dead last.
 

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First off look on the title to see if the restrictions are on there. If they are not, then the lawyer who prepared the title dropped the ball.

My understanding is these types of restrictions can only be enforced by someone suing you, in this case either the original seller if they still own adjoining property or possibly another adjoining landowner who owns property with the same restriction.

So in this case the question is whether you think you will get sued if you put up a used mobile home. Chances are that if your homesite is not visible from beyond the property, and you get a nice looking used mobile home, nobody will bother with the cost/trouble of a lawsuit if they even found out. Of course you could also have a mean lawyer for a neighbor who will sue you just for fun. Also keep in mine timeframe. If you only need to have the used trailer there for a short time until you get something else built, maybe you'd be done with it by the time the lawsuit was settled.
 

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Would sure help to know at least the state, if not the county this is in.

Typically the state has all kinds of laws - as to septic - but it is up to the county to do enforcement/ inspection. If the state finds too many counties are not doing anything, then the laws get tougher. Just in general....

It sounds like you bought property in a county that does not enforce very much, but in a neighborhood with some 'homeowner association' stipulations. That is a rather odd mix, and wonder what comes of it in the future. Homeowner associations tend to get pretty busybody, and pass more & more restrictions as neighbors tick them off.

Perhaps that 5 acres was outside the original assoc area and has no restrictions? Perhaps someone forgot?

Many possibilities. Some in your favor, some not so much. We don't know the rules you have?

I don't know that I would move in first thing do exactly what the assoc forbids doing. 'Hi, I'm new here & want to shove it down your thoat, ha ha!' They _will_ push back on you if that is how you come into the neighborhood. This is assuming this is some sort of neighborhood deal, where the group wants to control their surroundings as badly as you want to control your own property. It will be pushing back & forth. Not so much fun for you to have a group of angry neighbors.

--->Paul
 

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we paid to have it closed at an attorney/title company. Is that what you mean?
No, although they MAY be able to tell you. You should be able to read the deed yourselves and find out, if you can't figure it out, you will need to have an attorney read it and tell you
 

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I don't think there is an HOA involved.

My take on restrictions are this: that it's an advertising and selling point for the seller to attract the $$$ for property that he/she wants. They are difficult to enforce and the owner isn't responsible for it and probably doesn't care a bit about what someone intends to do.

It's a "wash my hands" type thing.

That said, the people who BUY may be a different matter. 80% of them may buy having the same attitude that you do. (who cares about restrictions), but the 20% do have the law (although it will cost them to go to court for it) on their side.

I talked to a guy in Ohio that told me the problem with restrictions (which someone alluded to earlier) was that you may raise 15 hogs, get the neighbor mad at you, get a court date, etc. and then the hogs are done gone and butchered.

If you bought it and it has restrictions I have to ask how much you value your neighbors and your relationship with them? They are really the ones that the restrictions are placed there for.
 

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We did have the property title checked and went thru an attorney /title company. we should be getting the deed in a few weeks.
Who would i contact to find outr about state regulations? thanks again
Generally speaking, attorneys and title companies check to see if the title is free and clear of any liens or other financial ecumberances. I believe that they wouldn't normally check the title for convenants and easements unless asked to this specifically.

What county and state is your property in?
 

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Hey.

You must abide by the restrictions. The seller is responsible for full disclosure. You could claim fraud and void the deal or seek damages, if you wanted. Ignorance of the law is no defense. Surely, sooner or later one of the other owners in the project will come after you to remove the doublewide. The restrictions help to keep the value of the property higher, since it protects against it becoming a shantytown. You should have consulted a lawyer at closing and a had title search to determine the legality of the terms.

RF
 

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The title being free and clear is mostly what the lien holder is looking for.

A friend of mine closed on a home a few years ago....out on a back road, woods, fields, etc. that stretched out behind her new home. What she didn't know, and what the selling agent didn't tell her, that less than a 1/4 from the side of her house a new highrise senior housing development was planned. If she had utilized a buyers agent that individual would have done the homework and warned her. She tried filing suit against the agent but didn't get anywhere.

The moral of the story....just be sure you know absolutely everything you can about a land purchase!

Good luck ~ let us know where you purchased your land. :)
 

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Well, it's going to depend on whether or not the restrictions are actually in place on your property.

But let's assume there are restrictions. Now why don't we try to find a way for you to work within those parameters to get something cheap and livable that satisfies the requirements? I think that is the direction you should work on.

I've noticed in a few places the brand-new modular home prices have dropped like a rock. People can't get loans for them anymore unless they have very good credit. So just to get some stuff moved off the lot dealers are more willing to bargain. In some cases, a lot more willing. If you have the money for it, you might be better off trying to walk into a place with cash and see if they accept an offer.

Kayleigh
 
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